Federal Register of Legislation - Australian Government

Primary content

Standards/Product Safety as made
This instrument prescribes design and testing requirements for consumer goods containing button and coin batteries under the Australian Consumer Law.
Administered by: Treasury
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 16
Registered 21 Dec 2020

Commonwealth Coat of Arms of Australia

 

Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020

I, Michael Sukkar, Minister for Housing and Assistant Treasurer, make the following safety standard.

Dated 18 December 2020

Michael Sukkar

Minister for Housing and Assistant Treasurer

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Applicable industry standards taken to apply to consumer goods with button/coin batteries    3

6............ Application.................................................................................................................... 3

Part 2—Requirements                                                                                                                                   5

Division 1—Introduction                                                                                                                       5

7............ Requirements to be complied with on and after application day.................................... 5

Division 2—Details of requirements                                                                                               6

8............ Button/coin batteries must not release during reasonably foreseeable use or misuse conditions               6

9............ Compartment holding button/coin batteries must be resistant to being opened by young children           6

10.......... Fasteners for doors or covers to compartments holding button/coin batteries must be captive etc.           6

11.......... Secureness of consumer goods with non‑replaceable button/coin battery accessible by consumers must be tested 7

Division 3—Product‑specific standards                                                                                        8

12.......... Satisfying section 8 with product‑specific standards..................................................... 8

13.......... Satisfying section 9 with Audio/Video and Electronic Apparatus Standards................ 8

14.......... Satisfying section 9 with Luminaires Standard.............................................................. 9

15.......... Satisfying section 9 with Safety of Toys Standards.................................................... 10

Division 4—Non‑product‑specific standards                                                                            11

16.......... Satisfying section 8 with non‑product‑specific standards............................................ 11

17.......... Satisfying section 9 with non‑product‑specific standards............................................ 11

 


Part 1Preliminary

  

1  Name

                   This instrument is the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

22 December 2020

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subsection 104(1) of the Australian Consumer Law.

Note:          The reference to the Australian Consumer Law is a reference to Schedule 2 to the Competition and Consumer Act 2010 as it applies as a law of the Commonwealth, States and Territories: see section 140K of that Act and corresponding provisions of Acts of States and Territories applying that Schedule.

4  Definitions

                   In this instrument:

applicable industry standard means each of the following:

                     (a)  the Australian (Audio/Video) Standard;

                     (b)  the Australian (Electric Toys) Standard;

                     (c)  the Australian (Safety of Toys) Standard;

                     (d)  the Electronic Apparatus Standard;

                     (e)  the International (Audio/Video) Standard;

                      (f)  the International (Electric Toys) Standard;

                     (g)  the International (Safety of Toys) Standard;

                     (h)  the Lithium Technologies Standard;

                      (i)  the Luminaires Standard.

application day means the day after the period of 18 months beginning on the day this instrument commences.

Australian (Audio/Video) Standard means the Australian/New Zealand Standard AS/NZS 62368.1:2018 Audio/video, information and communication technology equipment‑Part 1: Safety requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force or existing at the time when this instrument commences.

Note:          The Australian (Audio/Video) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

Australian (Electric Toys) Standard means the Australian/New Zealand Standard AS/NZS 62115:2018 Electric toys—Safety, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force or existing at the time when this instrument commences.

Note:          The Australian (Electric Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

Australian (Safety of Toys) Standard means the Australian/New Zealand Standard AS/NZS 8124.1:2019 Safety of Toys Part 1: Safety aspects related to mechanical and physical properties, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force or existing at the time when this instrument commences.

Note:          The Australian (Safety of Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

button/coin battery means a small, single cell battery with a diameter greater than the battery’s height.

Electronic Apparatus Standard means the Australian/New Zealand Standard AS/NZS 60065:2018 Audio, video and similar electronic apparatus‑Safety requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force or existing at the time when this instrument commences.

Note:          The Electronic Apparatus Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

hearing aid means medical electrical equipment which picks up sound and delivers processed sound to the ear canal.

International (Audio/Video) Standard means the International Standard IEC 62368‑1:2018 Audio/video, information and communication technology equipment‑Part 1: Safety requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force or existing at the time when this instrument commences.

Note:          The International (Audio/Video) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

International (Electric Toys) Standard means the International Standard IEC 62115:2017 Electric toys—Safety, published by the International Electrotechnical Commission, as in force or existing at the time when this instrument commences.

Note:          The International (Electric Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

International (Safety of Toys) Standard means the International Standard ISO 8124.1:2019 Safety of Toys—Part 1: Safety aspects related to mechanical and physical properties, published by the International Organization for Standardization, as in force or existing at the time when this instrument commences.

Note:          The International (Safety of Toys) Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

Lithium Technologies Standard means UL 4200A UL Standard for Safety for Products Incorporating Button or Coin Cell Batteries of Lithium Technologies, as published by UL Standards, as in force or existing at the time when this instrument commences.

Note:          The Lithium Technologies Standard could in 2020 be purchased from the UL Standards’ website (https://standardscatalog.ul.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

Luminaires Standard means the Australian/New Zealand Standard AS/NZS 60598.1:2017 Luminaires Part 1: General requirements and tests, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force or existing at the time when this instrument commences.

Note:          The Luminaires Standard could in 2020 be purchased from SAI Global’s website (https://www.saiglobal.com). The Australian Competition and Consumer Commission can make a copy of the standard available for viewing at one of its offices, subject to licensing conditions.

5  Applicable industry standards taken to apply to consumer goods with button/coin batteries

                   For the purposes of this instrument, an applicable industry standard is taken to apply to button/coin batteries, even if the class of battery the standard otherwise applies to is more limited.

6  Application

             (1)  This instrument applies to consumer goods containing a button/coin battery.

Note:          Goods include any component part of, or accessory to, goods: see paragraph (d) of the definition of goods in section 2 of the Australian Consumer Law.

             (2)  For the purposes of subsection (1), consumer goods contain a button/coin battery if:

                     (a)  the battery is installed, or is to be installed, in the consumer goods to power the consumer goods; or

                     (b)  the consumer goods are designed to store such batteries.

             (3)  However, this instrument does not apply to the following:

                     (a)  consumer goods that were first supplied to a consumer before the application day;

                     (b)  consumer goods supplied in a one‑off transaction by a supplier who had acquired the goods as a consumer;

                     (c)  hearing aids;

                     (d)  equipment to which all of the following apply:

                              (i)  the equipment is intended to be used in trades, professions or industries;

                             (ii)  the equipment is not intended for sale to the general public;

                            (iii)  the equipment is not intended to be used where children are present;

                     (e)  consumer goods that contain button/coin batteries that are soldered in place if:

                              (i)  the consumer goods are electrical and electronic equipment within the field of audio, video, information and communication technology; or

                             (ii)  the consumer goods are business and office machines with a rated voltage not exceeding 600 volts.

Note 1:       Examples of consumer goods to which subparagraph (e)(i) applies include personal computers, electronic musical instruments and smartphones.

Note 2:       Examples of consumer goods to which subparagraph (e)(ii) applies include cash registers, calculators and copying machines.

Part 2Requirements

Division 1Introduction

7  Requirements to be complied with on and after application day

                   On and after the application day, consumer goods containing a button/coin battery must comply with the requirements set out in this Part that apply to the consumer goods.

Division 2Details of requirements

8  Button/coin batteries must not release during reasonably foreseeable use or misuse conditions

             (1)  If consumer goods contain a button/coin battery (whether or not the battery is intended to be replaceable), the battery in the consumer goods must not release during reasonably foreseeable use or misuse conditions.

             (2)  The consumer goods comply with the requirements in subsection (1) if, and only if, the consumer goods comply with the requirements in:

                     (a)  subsection 12(1) (product‑specific standards); or

                     (b)  section 16 (non‑product‑specific standards).

Note:          On request by the regulator, a supplier may be required to nominate the applicable requirements under subsection (2): see section 108 of the Australian Consumer Law.

9  Compartment holding button/coin batteries must be resistant to being opened by young children

             (1)  If consumer goods contain a button/coin battery that is intended to be replaceable by a consumer, the compartment in which the battery is held must be designed to ensure the compartment is resistant to being opened by young children.

             (2)  The consumer goods comply with the requirements in subsection (1) if, and only if, the consumer goods comply with the requirements in:

                     (a)  subsection 13(1) (Audio/Video and Electronic Apparatus Standards); or

                     (b)  subsection 14(1) (Luminaires Standard); or

                     (c)  subsection 15(1) (Safety of Toys Standards); or

                     (d)  section 17 (non‑product‑specific standards).

Note:          On request by the regulator, a supplier may be required to nominate the applicable requirements under subsection (2): see section 108 of the Australian Consumer Law.

10  Fasteners for doors or covers to compartments holding button/coin batteries must be captive etc.

             (1)  This section applies to consumer goods containing a button/coin battery if:

                     (a)  the battery is held in a compartment in the consumer goods; and

                     (b)  the door or cover providing access to the compartment is secured by screws or similar fasteners; and

                     (c)  those consumer goods comply with the requirements in subsection 8(1) by complying with the requirements in section 16 (non‑product‑specific standards) rather than complying with the requirements in subsection 12(1) (product‑specific standards).

             (2)  The consumer goods must be designed to ensure the screws or similar fasteners used to secure the door or cover providing access to the compartment are captive and remain with the door or cover.

             (3)  The consumer goods comply with the requirements in subsection (2) if, and only if, before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with:

                     (a)  clause 13.4.6 of the Australian (Electric Toys) Standard; or

                     (b)  clause 13.4.6 of the International (Electric Toys) Standard; or

                     (c)  clause 4.101.2 of the Luminaires Standard.

11  Secureness of consumer goods with non‑replaceable button/coin battery accessible by consumers must be tested

             (1)  This section applies to consumer goods containing a button/coin battery if:

                     (a)  the battery contained in the consumer goods is not intended to be replaceable by a consumer; and

                     (b)  the battery is accessible to the consumer.

Note:          Musical greeting cards are an example of the consumer goods to which this section applies.

             (2)  Before the supply of the consumer goods to a consumer, representative samples of the consumer goods must meet the test set out in section 6.4 of the Lithium Technologies Standard.

Division 3Product‑specific standards

12  Satisfying section 8 with product‑specific standards

             (1)  Consumer goods containing a button/coin battery comply with the requirements in this subsection if:

                     (a)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with one of the following:

                              (i)  clauses 4.8.4.2 to 4.8.4.6 of the Australian (Audio/Video) Standard;

                             (ii)  clauses 4.8.4.2 to 4.8.4.6 of the International (Audio/Video) Standard;

                            (iii)  clause 5.24 of the Australian (Safety of Toys) Standard;

                            (iv)  clause 5.24 of the International (Safety of Toys) Standard;

                             (v)  clauses 12.7.3.2 to 12.7.3.6 of the Electronic Apparatus Standard;

                            (vi)  clause 4.101.1 of the Luminaires Standard; and

                     (b)  the button/coin batteries contained in the samples are not released during the testing.

             (2)  If consumer goods cannot comply with subsection (1) because a test in a specified clause of a standard in the subsection is not appropriate for that kind of consumer goods, the consumer goods are taken to comply with that subsection if:

                     (a)  an alternative test that is more appropriate is applied; and

                     (b)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

                     (c)  applying that alternative test (along with the other tests of the standard that apply and are appropriate) ensures that the battery is not released during reasonably foreseeable use or misuse conditions.

13  Satisfying section 9 with Audio/Video and Electronic Apparatus Standards

             (1)  Consumer goods containing a button/coin battery comply with the requirements in this subsection if the consumer goods comply with the requirements in subsections (2) and (3).

             (2)  The consumer goods comply with the requirements in this subsection if the consumer goods comply with any of the following before the supply of the consumer goods to a consumer:

                     (a)  clause 4.8.3 of the Australian (Audio/Video) Standard;

                     (b)  clause 4.8.3 of the International (Audio/Video) Standard;

                     (c)  clause 12.7.2 of the Electronic Apparatus Standard.

             (3)  The consumer goods comply with the requirements in this subsection if the consumer goods comply with an item of the following table before the supply of the consumer goods to a consumer:

 

Compliance testing

Item

Representative samples of the consumer goods are tested in accordance with ...

and those samples, after that testing, are compliant with:

1

clauses 4.8.4.2 to 4.8.4.6 of the Australian (Audio/Video) Standard

clause 4.8.5 of the Australian (Audio/Video) Standard.

2

clauses 4.8.4.2 to 4.8.4.6 of the International (Audio/Video) Standard

clause 4.8.5 of the International (Audio/Video) Standard.

3

clauses 12.7.3.2 to 12.7.3.6 of the Electronic Apparatus Standard

clause 12.7.4 of the Electronic Apparatus Standard.

             (4)  Subsection (5) applies if consumer goods cannot comply with subsection (2) or an item of the table in subsection (3) because a test in a specified clause of a standard in the subsection or the item is not appropriate for that kind of consumer goods.

             (5)  The consumer goods are taken to comply with the subsection or item if:

                     (a)  an alternative test that is more appropriate is applied; and

                     (b)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

                     (c)  applying that alternative test (along with the other tests of the standard that apply and are appropriate) ensures the compartment in which the battery is held is resistant to being opened by young children.

14  Satisfying section 9 with Luminaires Standard

             (1)  Consumer goods containing a button/coin battery comply with the requirements in this subsection if:

                     (a)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with clause 4.101.1 of the Luminaires Standard; and

                     (b)  those samples, after that testing, are compliant with:

                              (i)  clause 4.101.1 of the Luminaires Standard; and

                             (ii)  clause 4.101.2 of the Luminaires Standard (if applicable).

             (2)  If consumer goods cannot comply with subsection (1) because a test in a specified clause of the Luminaires Standard is not appropriate for that kind of consumer goods, the consumer goods are taken to comply with that subsection if:

                     (a)  an alternative test that is more appropriate is applied; and

                     (b)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

                     (c)  applying that alternative test (along with the other tests of the Luminaires Standard which apply and are appropriate) ensures the compartment in which the battery is held is resistant to being opened by young children.

15  Satisfying section 9 with Safety of Toys Standards

             (1)  Consumer goods containing a button/coin battery comply with the requirements in this subsection if the consumer goods comply with an item of the following table before the supply of the consumer goods to a consumer.

 

Compliance testing

Item

Representative samples of the consumer goods are tested in accordance with ...

and those samples, after that testing, are compliant with:

1

clause 5.24 of the Australian (Safety of Toys) Standard

(a) clause 13.4.1 or 13.4.2 of the Australian (Electric Toys) Standard (whichever is applicable); and

(b) clause 13.4.6 of the Australian (Electric Toys) Standard (if applicable).

2

clause 5.24 of the International (Safety of Toys) Standard

(a) clause 13.4.1 or 13.4.2 of the International (Electric Toys) Standard (whichever is applicable); and

(b) clause 13.4.6 of the International (Electric Toys) Standard (if applicable).

             (2)  If consumer goods cannot comply with an item of the table in subsection (1) because a test in a specified clause of a standard in the item is not appropriate for that kind of consumer goods, the consumer goods are taken to comply with the item if:

                     (a)  an alternative test that is more appropriate is applied; and

                     (b)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with that alternative test; and

                     (c)  applying that alternative test (along with the other tests of the standard that apply and are appropriate) ensures the compartment in which the battery is held is resistant to being opened by young children.

Division 4Non‑product‑specific standards

16  Satisfying section 8 with non‑product‑specific standards

                   Consumer goods containing a button/coin battery comply with the requirements in this section if:

                     (a)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with sections 6.3.2 to 6.3.4 of the Lithium Technologies Standard; and

                     (b)  the button/coin batteries contained in the samples are not released during the testing.

17  Satisfying section 9 with non‑product‑specific standards

                   Consumer goods containing a button/coin battery comply with the requirements in this section if:

                     (a)  the consumer goods comply with section 6.2 of the Lithium Technologies Standard; and

                     (b)  both of the following occur:

                              (i)  before the supply of the consumer goods to a consumer, representative samples of the consumer goods are tested in accordance with sections 6.3.2 to 6.3.4 of the Lithium Technologies Standard;

                             (ii)  those samples, after that testing, are compliant with section 6.3.5 of the Lithium Technologies Standard.